The US Court of Appeals for the Second Circuit overturns on comity grounds a multi-million dollar price-fixing judgment against two Chinese exporters of Vitamin C (Animal Science Products / Hebei Welcome Pharmaceutical)

In Short The Situation: For a second time, the Second Circuit reversed on international comity grounds, due to a conflict between U.S. and Chinese law, a $148 million price-fixing judgment against two Chinese exporters of Vitamin C. The Result: Although arising in the antitrust context, the Second Circuit's decision has far-reaching implications, potentially impacting any case in which litigants find themselves in the unenviable position of being caught between competing and diverging legal demands of two or more countries. Looking Ahead: Foreign litigants likely will view this decision as welcome relief, as the Second Circuit eased the burden for those invoking the international comity defense, emphasizing that courts should focus on whether a true conflict exists, not on whether

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Dr. Jürgen Beninca, Qiang Xue, Harriet Territt, Aaron M. Healey, Rajeev Muttreja, Mahesh V. Parlikad, Ricardo H. Puente, Wilson L.K. Sung, The US Court of Appeals for the Second Circuit overturns on comity grounds a multi-million dollar price-fixing judgment against two Chinese exporters of Vitamin C (Animal Science Products / Hebei Welcome Pharmaceutical), 10 August 2021, e-Competitions August 2021, Art. N° 104285

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